§44-4311. Employment rights – Discrimination by employer.
452 words·~2 min read·
/ok/title-44-militia/44-4311·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A. A person who is a member of, applies to be a member of, performs, has performed, applies to perform, or has an obligation to perform service in the state military forces shall not be denied initial employment, reemployment, retention in employment, promotion, or any benefit of employment by an employer on the basis of that membership, application for membership, performance of service, application for service, or obligation.
B. An employer shall not discriminate in employment against or take any adverse employment action against any person because the person:
1. Has taken an action to enforce a protection afforded pursuant to the Oklahoma Uniformed Services Employment and Reemployment Rights Act;
2. Has testified or otherwise made a statement in or in connection with any proceeding under the Oklahoma Uniformed Services Employment and Reemployment Rights Act;
3. Has assisted or otherwise participated in an investigation under the Oklahoma Uniformed Services Employment and Reemployment Rights Act; or
4. Has exercised a right provided for in the Oklahoma Uniformed Services Employment and Reemployment Rights Act.
The prohibition in this subsection shall apply with respect to a person regardless of whether that person has performed service in the state military forces.
C. An employer shall be considered to have engaged in actions prohibited:
1. Under subsection A of this section if the person's membership, application for membership, service, application for service, or obligation for service in the state military forces is a motivating factor in the employer's action, unless the employer can prove that the action would have been taken in the absence of such membership, application for membership, service, application for service, or obligation for service; or
2. Under subsection B of this section if the person's:
a. action to enforce a protection afforded any person
under the Oklahoma Uniformed Services Employment and
Reemployment Rights Act,
b. testimony or making of a statement in or in connection
with any proceeding under the Oklahoma Uniformed
Services Employment and Reemployment Rights Act,
c. assistance or other participation in an investigation
under the Oklahoma Uniformed Services Employment and
Reemployment Rights Act, or
d. exercise of a right provided for in the Oklahoma
Uniformed Services Employment and Reemployment Rights
Act,
is a motivating factor in the employer's action, unless the employer can prove that the action would have been taken in the absence of such person's enforcement action, testimony, statement, assistance, participation, or exercise of a right.
D. The prohibitions in subsections A and B of this section shall apply to any position of employment, including a position that is described in subparagraph c of paragraph 1 of subsection D of Section 8 of this act. Added by Laws 2021, c. 122, § 7, emerg. eff. April 21, 2021.